Energy Litigation

On September 9, 2015, the D.C. Circuit Court of Appeals issued a Per Curiam Order resolving the question probed in our post, EPA Back in Court Over Clean Power Plan, Is this Challenge of the Final Rule Premature As Well?. Following the U.S. Environmental Protection Agency’s (“EPA”) announcement of the final Clean Power Plan in August, several States filed … Continue reading →

Since the U.S. Environmental Protection Agency (“EPA”) released its proposed Clean Power Plan (“Proposed CPP”) in June 2014, the agency has faced fierce opposition from states and companies seeking to prevent the implementation of the rule designed to drastically reduce CO2 emissions from existing power plants. In June 2015, Murray Energy Corporation and other opponents … Continue reading →

The proposed Clean Power Plan introduced by the U.S. Environmental Protection Agency (EPA) in June 2014 has been met with considerable opposition, including a court battle that pitted energy companies and more than twenty States against each other in an effort to prevent the agency from implementing a final rule mandating the reduction of CO2 … Continue reading →

In an Order issued November 20, 2007, the Federal Energy Regulatory Commission (“FERC”) reversed its previous position regarding the classification of the constraint on the South of Lugo Transformer Path (“South of Lugo”) for purposes of allocating costs under the California Independent System Operator’s (“CAISO”) “must-offer” requirement for electric generators serving California (the “2007 … Continue reading →

On Monday, October 28, 2013, the Clean Water Action national environmental organization (“CWA”) filed a federal civil lawsuit against Waste Treatment Corporation for the alleged illegal disposal of hundreds of thousands of gallons of natural gas drilling waste water into the Allegheny River in Pennsylvania. Claiming that the Pennsylvania Department of Environmental Protection (“PADEP”) … Continue reading →

The Dodd-Frank Act has significantly affected the energy industry, with the ultimate implications of the Act’s reforms remaining to be seen. Recent discussion has surrounded Section 1504’s requirement that companies disclose the type and total amount of payments made to foreign (and the U.S.) governments in connection with projects for the commercial development of … Continue reading →

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The landscape of the energy industry is rapidly changing, with a focus on the development of clean, domestic energy sources and a secure, reliable energy infrastructure driving significant changes in the interdependency of energy industry segments and an increase in government regulation. Continued growth in the domestic production of oil and natural gas has positioned the U.S. to be an energy exporter in the global market and will have a marked impact on the course of the industry’s development.

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